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NORDBY v. ANCHOR HOCKING PACKAGING CO.

Nos. 98-4161, 99-1146.

199 F.3d 390 (1999)

A. Eugene NORDBY, Plaintiff-Appellant/Cross-Appellee, v. ANCHOR HOCKING PACKAGING COMPANY, Defendant-Appellee, and Johnson & Bell, Ltd., Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 2, 1999.

Attorney(s) appearing for the Case

Stanley J. Adelman, Tracy L. Bradford (argued), Piper, Marbury, Rudnick & Wolfe, Chicago, IL, for plaintiff-appellant.

Joseph R. Marconi (argued), Johnson & Bell, Chicago, IL, for defendant-appellee.

Before POSNER, Chief Judge, and COFFEY and ROVNER, Circuit Judges.

POSNER, Chief Judge.

Rule 68 of the Federal Rules of Civil Procedure authorizes a defendant to make an offer of judgment "for the money . . . specified in the offer, with costs then accrued." If the plaintiff refuses the offer and goes on to win at trial but wins less than the amount of the offer, the plaintiff must pay the costs incurred by the defendant from the time of making the offer. If, as in this case—a suit by a sales representative for breach of contract...

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